Practice Areas

Associations

Hilary A. Creary P.A.
National Association of Consumer Advocates
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
The Bar Association of The Fifth Federal Circuit
Dallas Bar Association

Recent Posts

Wells Fargo Places Homeowners In Forbearances They Never Asked For Or Wanted

By kellettbartholow • 27 Jul, 2020
 July 24, 2020: Roanoke, Virginia                                                 A second nationwide class-action lawsuit has been filed against Wells Fargo for fraudulently putting people into forbearance status on their home mortgage payments without their knowledge, consent, or request under the guise of COVID-related mortgage relief.  The lawsuit seeks remedies for thousands of homeowners who are suffering damages as a […] The post Wells Fargo Places Homeowners In Forbearances They Never Asked For Or Wanted appeared first on Kellett & Bartholow PLLC.

Wells Fargo Wreaks Havoc in Borrowers’ Bankruptcy Cases by Filing False Mortgage Forbearance Notices

By kellettbartholow • 16 Jul, 2020
Press Release, July 2020: Roanoke, Virginia Kellett & Bartholow PLLC (Dallas, Texas) and co-counsel Giles & Lambert, PC (Roanoke, VA), Abelardo Limon (Brownsville, Texas), and The Crow Law Firm (Charlotte, NC) have filed a nationwide class action against Wells Fargo Bank, N.A. alleging that Wells Fargo has, without its customers’ authorization or knowledge, filed notices […] The post Wells Fargo Wreaks Havoc in Borrowers’ Bankruptcy Cases by Filing False Mortgage Forbearance Notices appeared first on Kellett & Bartholow PLLC.

Welcome to our new website!

By kellettbartholow • 10 Oct, 2018
Welcome to our new website! This site has been professionally designed to be responsive and mobile friendly, so it looks great and is accessible no matter what type or size of device you are using. Our new website also has an integrated Client Portal, meaning you are able access your case documents, correspondence and calendars […] The post Welcome to our new website! appeared first on Kellett & Bartholow PLLC.

Theodore “Thad” O. Bartholow, III (Partner)

Mr. Bartholow represents consumers in individual and class action litigation against mortgage servicers, debt collectors, and other creditors, primarily in matters related to his clients’ consumer bankruptcy cases, as well as in connection with violations of applicable debt collection laws and other consumer-protection statutes. Mr. Bartholow has obtained numerous favorable published opinions on behalf of his clients, his written work has been published in the American Bankruptcy Institute’s monthly Journal, amongst other publications, and he has represented the National Association of Consumer Bankruptcy Attorneys at a “Mortgage Mini-Conference” held by the Rules Committee of the National Conference of Bankruptcy Judges in 2012. Mr. Bartholow also lectures widely on all aspects of consumer litigation and consumer bankruptcy at local, regional and national seminars, including his work over the last several years as a regular co-teacher, along with O. Max Gardner, III, at Max Gardner’s Bankruptcy Boot Camps and other litigation skills trainings for consumer litigators.

Theodore “Thad” O. Bartholow, III (Partner)

Admissions

  • New York, State Bar of Texas
  • Federal: Northern, Eastern, and Southern Districts of Texas (Bankruptcy and District Courts) and Southern District of New York (Bankruptcy and District Courts)

Education

  • Benjamin N. Cardozo School of Law, J.D. 2002, New York, New York
  • Cardozo Mediation Clinic
  • Executive Editor, Cardozo Journal of International and Comparative Law
  • Runner-up “Best Oralist” Jessup International Law Moot Court Competition (regional)
  • University of Texas at Austin, B.A. (Philosophy) 1998, Austin, Texas
  • Skidmore College (Fall 1993- Spring 1995), Saratoga Springs, New York

Professional Associations and Honors

  • Distinguished Service Award, National Association of Consumer Bankruptcy Attorneys (NACBA) 2016
  • Co-Presenter, Max Gardner’s Bankruptcy Boot Camp and Ultimate Litigation Bootcamp (2012-Present)
  • State Chair, National Association of Consumer Bankruptcy Attorneys (2016-Present/member since 2004)
  • Member, Dallas Area Young Bankruptcy Lawyers’ Association (2009-Present)
  • American Red Cross, Disaster Volunteer (2007-Present)
  • Advisory Board Member, Safe Horizon Mediation Program (New York 2003-2005)
  • Volunteer Mediator, Civil Court and Small Claims Court for New York City (2001-2005)

Noteworthy Decisions

  • In re Gulley (Gulley v. Countrywide), — B.R. —-, 2010 WL 3342193 (Bankr. N.D.Tex., August 23, 2010) (NO. 07-33271-SGJ-13, ADV 08-03467).
  • In re Guevara (Guevara v. Wells Fargo), (unpublished) Opinion and Order on Motion for Summary Judgment (J. Hale) TXNB Adv. Proc. No. 08-03191 Docket No. 68 (2009), affirmed on appeal by
  • TXND: In re Guevara (Guevara v. Wells Fargo), (J. Ferguson) Civil Action No. 3:10-cv-0547-F Docket No. 13 (8/18/2010).
  • In re Pastran, Slip Copy, 2010 WL 2773243 (Bankr. N.D.Tex. 2010).
  • In re Pastran, 462 B.R. 201 (Bankr. N.D. Tex. 2011).
  • Read More
    • McGuiness v. Dodeka LLC et. al, Slip Copy, 2010 WL 1856450 (E.D. Tex. 2010).
    • Haynes v. Wells Fargo Bank, N.A., 2014 WL 2761260 (E.D. Tex. 2014).
    • Haynes v. Wells Fargo Bank, N.A., 2015 WL 6746256 (E.D. Tex. 2015).
    • Haynes v. Wells Fargo Bank, N.A., 2015 WL 4455961 (E.D. Tex. 2015).
    • Vick v. NCO Financial Systems, Inc., 2011 WL 1157710 (E.D. Tex. 2011).
    • In re Trevino (Trevino v. HSBC Mortgage Services, Inc. et al.), 535 B.R. 110 (Bankr. S.D. Tex. 2015).
    • Bibolotti v. American Home Mortgage Servicing, Inc. et al., 2013 WL 2147949 (E.D. Tex. 2013).
    • In re Lopez (Lopez v. Portfolio Recovery Associates, LLC), 2015 WL 7572097 (Bankr. S.D. Tex. 2015).
    • In re Lopez (Lopez v. Portfolio Recovery Associates, LLC), 2015 WL 5438850 (Bankr. S.D. Tex. 2015).
    • In re Lopez (Lopez v. Portfolio Recovery Associates, LLC), 2015 WL 1207012 (Bankr. S.D. Tex. 2015).
    • In re Rodriguez (Rodriguez v. Countrywide Home Loans, Inc. et al), 517 B.R. 724 (Bankr. S.D. Tex. 2014).
    • In re Rodriguez (Rodriguez v. Countrywide Home Loans, Inc. et al), 695 F.3d 360 (5th Cir. 2012).
    • In re Hammond (Hammond v. Adam Ross Paul, Inc. et al.), 2014 WL 2761260 (Bankr. N.D. Tex. 2014).
    • In re Cirillo (Cirillo v. Valley Baptist Health System et al.), 2014 WL 1347362 (Bankr, S.D. Tex. 2014).
    • In Bruner-Halteman (Bruner-Halteman v. ECMC), 2016 WL 1427085 (Bankr. N.D. Tex. April 8, 2016).

Speaking Engagements and Publications

  • National Conference of Bankruptcy Judges Annual Conference – October 2017 (Upcoming)
  • ABI Media Webinar re: SCOTUS opinion in Midland v. Johnson – May 2017
  • National Consumer Law Center (NCLC) – 2016 Consumer Rights Litigation Conference (Recovering Legal Fees Under Fee Shifting Statutes) – October 2016
  • ABI Midwest Fall Leadership Conference 2016 (Great Debates: Does filing a time-barred proof of claim violate the FDCPA?)
  • University of Texas School of Law’s 12th Annual Consumer Bankruptcy Practice Seminar 2016 (RESPA’s Impact on Chapter 13 and Monthly Escrow Payments)
  • Read More
    • National Consumer Law Center TCPA Webinar 2016
    • NACBA – Annual Convention 2012, 2015, 2016, 2017 (Various topics)
    • Texas Bar Association Bankruptcy and Commercial Law Section’s 2015 International Seminar Bali, Indonesia (Using the FDCPA and RESPA in Bankruptcy)
    • ABI Annual Winter Leadership Conference 2015 (Great Debates: Does filing a time-barred proof of claim violate the FDCPA?)
    • Jay L. Westbrook Bankruptcy Conference 2015 (Using RESPA in Chapter 13)
    • FDCPA and Bankruptcy Proofs of Claim Webinar w/ Max Gardner 2015
    • Texas Bar Association Annual Advanced Consumer Bankruptcy / Bankruptcy 101 Course (Prosecuting and Defending Motions for Relief from Stay 2013-16)
    • American Bankruptcy Institute (ABI) Journal, April 2014 33. Am. Bankr. Inst. J. 44 (2014), Are Post-Discharge Loan Modification Solicitations the New Sears Cases?
    • NACBA – Members Only Conferences 2010, 2011, 2013, 2014 (Various topics)
    • Max Gardner’s Bankruptcy Boot Camp and Max Gardner’s Litigation Skills Seminar [numerous]
    • ABI Annual Spring Meeting 2014 (Consumer Track: Use of Governmental Assistance Programs in Chapter 13)
    • National Conference of Bankruptcy Judges Rules Committee’s Mortgage Mini-Conference, Representative on behalf of NACBA, Portland, Oregon 2012.
    • Oklahoma Bar Association 26th Annual Advanced Bankruptcy Seminar, 2011
    • West Texas Bankruptcy Institute 2010 (Reasons to Choose Chapter 13 instead of Chapter 7)

Artwork/Exhibitions

  • Bar Matchless Gallery, Williamsburg (Bklyn), NY (2004)
  • Dallas Public Library, Dallas, Texas (2009)
  • Online portfolio: www.thadbartholow.com
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